At Globexa Immigration, one of the questions that comes up for people already inside Canada is whether they should submit a visitor record application along with another immigration application, especially after a PG work permit refusal.
A visitor record is submitted to maintain your status in Canada. It does not allow you to work in Canada and it does not allow you to study in Canada, but it gives you a status in Canada.
There are several myths around visitor records, re-applications and judicial review. Understanding when to reapply, when restoration is required and when a visitor record can be submitted is important.
1. Can You Submit a Visitor Record Along With Another Application?
There is a myth that you cannot submit a visitor record application together with another application.
For example, you may be submitting a PG work permit application, PG work permit extension, PG work permit re-application, spouse open work permit application, spouse open work permit extension or study permit extension.
The belief is that two applications cannot run in parallel when one of them is a visitor record.
That is a myth.
A visitor record can be submitted along with another application to maintain your status in Canada.
2. Does a Visitor Record Harm Your Other Application?
The answer is no.
A visitor record application does not harm your other applications.
If you require a visitor record to maintain your status in Canada, you can submit the application.
The cost discussed for a visitor record application is $100.
If you are unsure whether you should submit it, you can also withdraw the application later. Once the relevant time has passed, however, you cannot go back and submit an application for that earlier period.
3. Can a Visitor Record and Judicial Review Run Together?
Yes.
Another myth is that if you have a judicial review application running and subsequently receive approval for your visitor record, the judicial review cannot be successful.
That is not the case.
You can have a visitor record application and judicial review running together.
The visitor record gives you status in Canada while the judicial review process continues.
4. Can You Apply for a Study Permit or Work Permit After Getting a Visitor Record?
Yes.
If you receive approval for your visitor record, you can later apply for a study permit or a work permit.
For example, if you receive an LMIA and want to apply for an LMIA-based closed work permit, you can apply.
If you receive admission somewhere and want to apply for a study permit, you can apply.
If you get married and want to apply for a spouse open work permit, you can also apply.
These applications can be submitted online from visitor status.
5. What Happens After a PG Work Permit Refusal?
The situation depends on when the refusal is received.
There are three different periods:
Within 90 days
Within 180 days
After 180 days
The action you take depends on which period you are in.
6. What If You Get the Refusal Within 90 Days?
If you get your refusal within the 90-day period, you can simply reapply for your PG work permit normally.
The 90 days are counted from the date you receive your course completion letter or transcripts, whichever you get first.
If you are within this period, you can reapply normally.
After the reapplication, you can also start working.
7. What If You Get the Refusal Within 180 Days?
If you receive the refusal within 180 days, you can reapply with restoration.
At this point, you cannot work in Canada.
However, through the reapplication, you are maintaining your status in Canada and you are on implied status.
You cannot work during this period.
8. What If You Get the Refusal After 180 Days?
After 180 days, you cannot reapply for the PG work permit.
In this situation, you need to submit a judicial review application.
The time discussed for submitting the judicial review is 15 days.
After submitting the judicial review, you still have 75 days because the total period after refusal is 90 days for restoration and another application.
During those remaining 75 days, you can submit a visitor record application to maintain your status in Canada.
9. Why Is the Visitor Record Important After 180 Days?
After 180 days, the PG work permit re-application isn’t available.
The options discussed are reconsideration, MP inquiry and judicial review.
If you submit the judicial review within the 15-day period, you can use the remaining period to submit a visitor record application and maintain your stay in Canada during the judicial review and reconsideration process.
10. Should You Submit a Reconsideration Request?
If you receive a refusal, reconsideration is one of the actions that can be taken.
This applies to PG work permit refusals and also other applications, including spouse visa applications, study visa applications and visitor visa applications.
If you have a justification for the refusal, you should submit a reconsideration request.
Even if you discover the justification several days after the refusal, you can still submit the reconsideration request. Ideally, it should be submitted within the first one or two days, but if you become aware of the justification later, you can still submit it.
11. What About an MP Inquiry?
The same justification can be provided to your local MP.
The MP can discuss the case with you or their representative can discuss it with you and forward the information to IRCC.
If you are still within the 180-day period after your course completion, you should also reapply for your PG work permit.
12. Re-Application Before Judicial Review
If you are still within the period where you can reapply, re-application should come before judicial review.
Re-application is described as the stronger option when you still have eligibility to reapply.
Judicial review takes a long time and can take six months to one year to receive a result.
The cost of judicial review is discussed as approximately $1,500 to $2,000.
If you still have the option to reapply, the recommendation is to use that option before going directly to judicial review.
13. What If Nothing Else Works?
If reconsideration doesn’t help, the MP inquiry doesn’t help and there is no option left for re-application, judicial review becomes the option.
However, if you are still eligible to reapply, you should not skip re-application and directly go for judicial review.
The re-application should be tried first.
14. Can a Visitor Record Be Submitted Along With a Deficient PG Work Permit Application?
For example, suppose you have submitted your PG work permit application but you haven’t submitted the required English test score.
You know that the PG work permit application may be refused because the English test score wasn’t submitted.
You can submit a visitor record application along with the PG work permit application.
In that situation, there are two applications running in parallel: the PG work permit application and the visitor record application.
If the PG work permit application is refused, the visitor record application is already there as a way to maintain your status in Canada.
15. Can You Submit a Visitor Record With a Spouse Open Work Permit Application?
Yes.
For example, you may have submitted a spouse open work permit or spouse open work permit extension application.
If the primary applicant doesn’t have the right job for the spouse open work permit extension, you may know that the application has a deficiency.
In that situation, a visitor record application can also be submitted in parallel.
The spouse application can be refused while the visitor record application can still be accepted.
Both applications can therefore run together.
16. Can You Apply for a Work Permit From Visitor Status?
Yes.
If you already have visitor record approval and later receive an LMIA, you can apply for an LMIA-based closed work permit.
If you receive admission somewhere, you can apply for a study permit.
If you get married, you can apply for a spouse open work permit.
Having visitor record approval doesn’t prevent you from making these applications.
17. Will a Visitor Record Affect Your Judicial Review or Work Permit Application?
You can maintain your status through a visitor record so that you don’t need to leave Canada.
You can remain inside Canada while your judicial review, reconsideration or other process is continuing.
The objective is to maintain your stay in Canada during the process.
If the visitor record is approved, you can stay inside Canada while continuing with the other application or process.
18. Why Maintain Your Status Through a Visitor Record?
The same justification can be provided to your local MP.
The MP can discuss the case with you or their representative can discuss it with you and forward the information to IRCC.
If you are still within the 180-day period after your course completion, you should also reapply for your PG work permit.
19. Can You Apply for a Study Permit or Work Permit After Visitor Record Approval?
Yes.
Suppose you have visitor record approval and later receive an LMIA.
You can apply for an LMIA-based closed work permit.
If you receive admission somewhere, you can apply for a study permit.
If you get married, you can apply for a spouse open work permit.
From visitor record status, these applications can be submitted online.
The visitor record doesn’t hamper these applications.
20. Can You Submit a Visitor Record Along With a PG Work Permit Application?
Yes.
Suppose you have submitted your PG work permit application but you haven’t submitted the required English test score.
You already know that the PG work permit application can be refused because the English test score wasn’t submitted.
In that situation, you can submit a visitor record application along with the PG work permit application.
Now there are two applications running in parallel: the PG work permit application and the visitor record application.
If the PG work permit application is refused, the visitor record application is already running to maintain your status in Canada.
21. Can You Submit a Visitor Record With a Spouse Open Work Permit Application?
Yes.
Suppose you have submitted your spouse open work permit or spouse open work permit extension application.
If you know that the primary applicant doesn’t have the right job for the spouse open work permit extension, you know that the application has a deficiency.
In that situation, you can submit a visitor record application in parallel.
The spouse application can be refused while the visitor record application can still be accepted.
Both applications can therefore run together.
22. What If Your Main Application Has a Deficiency?
If you know that your primary application has a deficiency and you need to maintain your status in Canada, a visitor record application can be submitted.
The purpose is to have the visitor record application running in parallel with the main application.
This applies to situations where you know that the main application may be refused but you still need to maintain your status in Canada.
23. What Is the Cost of a Visitor Record Application?
The cost of a visitor record application is $100 in normal cases.
If you already have proper status in Canada and submit a visitor record application, the cost discussed is $100.
If you need restoration of status, the cost is approximately $250.
In the restoration situation, you don’t need to pay separately for the visitor record because the restoration cost includes the visitor record.
24. What If You Need Restoration Along With a Visitor Record?
If you are submitting a visitor record together with restoration, you only need to pay the restoration amount.
You don’t need to pay separately for the visitor record application in that situation.
The payment may therefore appear as restoration rather than visitor record, and this is because the restoration cost includes the visitor record.
25. What Should You Do After a Refusal?
If you receive a refusal of your PG work permit or another application inside or outside Canada, reconsideration and an MP inquiry are options that should be considered.
This can apply to a spouse visa application, study visa application, visitor visa application or another refusal.
You should give your best shot and use whatever options are available.
The options discussed include:
Reconsideration request
MP inquiry
Re-application, where eligible
Judicial review, where applicable
26. What If You Have a Justification for the Refusal?
If there is a justification for the refusal, submit a reconsideration request.
For example, if you didn’t submit your English test score on time but you now have the required score, submit the reconsideration request.
Even if you realise the justification after one day, two days, three days, five days, seven days or ten days, you can still submit the reconsideration request.
Ideally, it should be submitted within the first one or two days, but if you become aware of the justification later, you can still submit it.
27. What About the MP Inquiry?
The same justification can be provided to your local MP.
The information can be sent to the MP through email.
The MP or their representative can discuss the case with you and forward the information to IRCC.
If you are still within the 180-day period after your course completion letter, you should also reapply for your PG work permit.
28. When Should You Reapply Instead of Going for Judicial Review?
If you receive your refusal before 180 days, re-application is the first thing you should try.
Even if you want to fight the refusal through court, re-application should be attempted while you still have the 180-day window.
If the re-application is later refused and that refusal happens after 180 days, judicial review can then be considered.
If you are still within the 180-day period, re-application is the available option discussed here and judicial review should not be the first approach.
29. Why Is Re-Application Important?
Re-application is described as a stronger and less costly option when you are still eligible to reapply.
Judicial review can take six months to one year and can cost approximately $1,500 to $2,000.
If you are still eligible to reapply, you should reapply rather than directly going for judicial review.
If there is merit in the application, the re-application can receive approval.
When there is no longer an option to reapply, judicial review becomes the option.
30. What If You Are Already More Than 180 Days From Course Completion?
After 180 days, you cannot submit the PG work permit application.
In that situation, the options discussed are reconsideration, MP inquiry and judicial review.
The judicial review application needs to be submitted within the 15-day period discussed.
After submitting judicial review, the remaining 75 days can be used for the visitor record application to maintain your status in Canada.
31. Should You Submit a Visitor Record During Judicial Review?
Yes.
If your PG work permit refusal occurs after 180 days and you are proceeding with judicial review, the visitor record becomes important for maintaining your status in Canada.
The visitor record can run alongside the judicial review and reconsideration process.
This allows you to maintain your stay in Canada while the process is continuing.
32. The Main Point About Visitor Records
A visitor record can be submitted along with another application.
It can run in parallel with a PG work permit application, spouse open work permit application, study permit application or another application.
It can also run along with judicial review.
The visitor record provides visitor status and doesn’t provide work or study authorization.
It can help you maintain your status in Canada while other applications or processes continue.
Conclusion
A visitor record can be used to maintain status in Canada while another application or process is continuing.
If you are eligible to reapply for your PG work permit, re-application should be considered before judicial review.
If you are beyond 180 days and cannot reapply for the PG work permit, reconsideration, MP inquiry and judicial review become the options discussed, while a visitor record can help maintain your status in Canada during the process.
A visitor record can also run in parallel with another application and does not prevent you from later applying for a study permit, work permit or spouse open work permit.
At Globexa Immigration, PG work permit refusals, spouse open work permit refusals, visitor records, reconsideration requests, MP inquiries and judicial review situations can be handled based on the circumstances of the application.
